Handout Kuliah 10: Penyelesaian Sengketa

Article 2 (3) UN Charter, requires all members to: “settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered”.

Article 33 UN Charter: “The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their choice”.

Interpretasi Pasal 51 Piagam PBB: “Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security”

Tujuan: Menyediakan collective self defense.

NATO; Pakta Warsawa; SEATO.

International Criminal Court (ICC):

TUGAS 2: Jelaskan sejarah pembentukan Rome Statute.

Rome Statute, 1988.

To try and punish individuals for the most serious crimes of international concern: genocide, crimes against humanity, crimes of agression, and war crimes.

GENOCIDE: The commission of certain acts with intent to destroy, in whole or in part, a national, ethnic, racial, or religious group.

CRIMES AGAINST HUMANITY: Certain acts committed as part of a widespread or systematic attack against any civilian population.

WAR CRIMES: Acts prohibited by the 1949 Geneva Conventions on the law of war and 26 other serious violations of the laws and customs of war including pillage, using of poison weapon or poison gas etc. Civil war but excludes “internal disturbances”.